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DAB v. COMMISSIONER OF INTERNAL REVENUE

No. 309, Docket 24924.

255 F.2d 788 (1958)

David DAB and Rose Dab, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Second Circuit.

Decided June 5, 1958.

Attorney(s) appearing for the Case

Morton J. Harris and James E. Brown, Chicago, Ill., for petitioners, Altheimer, Kabaker, Lipson & Naiburg, Marvin E. Pollock and Wisch & Crane, Chicago, Ill., of counsel.

Charles K. Rice, Asst. Atty. Gen., Lee A. Jackson, Melva M. Graney, and Sheldon I. Fink, Attys., Dept. of Justice, Washington, D. C., for respondent.

Before SWAN, HINCKS and LUMBARD, Circuit Judges.

SWAN, Circuit Judge.

This petition involves deficiencies in income taxes for the calendar years 1950 and 1951 of petitioner David Dab, who will hereafter be referred to as the taxpayer.1 The case was presented to the Tax Court on a scanty stipulation of facts and the testimony of one witness, a certified public accountant. There is no dispute as to the record facts.

The taxpayer was a member of a partnership which on January 5...

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